R v Secretary of State for the Home Department, ex parte K

(1990) 2 Med LR 53

COURT OF APPEAL

Lord Justice SLADE, Lord Justice BALCOMBE, and Lord Justice MCCOWAN

Mental health — Restricted patient — Conditional discharge — Patient committing manslaughter while suffering from psychopathic disorder — Detention orders under Mental Health Act — Mental health review tribunal satisfied that patient not suffering from mental illness — Patient released conditionally and committing further criminal offences — No medical evidence that patient still suffering from mental disorder — Patient recalled by Secretary of State without medical evidence — Whether Secretary of State empowered to recall — Effect of European Human Rights Convention — Mental Health Act 1983 section 42(3)